Foreign workers are allowed to come back to Qatar to take up a new job only after a two-year period counted from the date of their departure
QUESTION: One of my colleagues could not return to Qatar on time after going on vacation because of some serious problems. The period of leave has exceeded six months now. Could he return to Qatar on the same visa? If that is not possible, he would like to come back on another visa. But the current sponsor refuses to grant “no-objection” to him. The sponsor wants him to come back on the same visa. Please advise.
WF, Doha
ANSWER: As per sponsorship laws, the expatriate is not permitted to stay continuously outside the country over six months unless there is permission in advance or before completing one year, to return obtain permission from the concerned authorities after paying the fixed fee on the condition that the residence permit should not be expired for more than 60 days. The Minister or his nominee can extend this period.
Foreign workers are allowed to come back to Qatar to take up a new job with another company only after a two-year period counted from the date of their departure. The Interior Minister has, however, been authorised to waive this condition on the basis of a written consent from the former sponsor.
Limited liability
Q: I am one of the four shareholders in a company which is facing difficulties now. It is limited liability company. What is the liability of a shareholder in such a company? Our company has a share capital 200,000. We are concerned about our personal property.
AD, Doha
A: As per relevant laws, the shareholders will generally not be held personally liable for the debts of, nor for claims against their business. Basically, this means that if company were sued and ordered to pay a judgment, the personal assets of members will not be required to pay the judgment.
If the business accrues debts, as most businesses will, member will not be obliged to pay those debts from personal assets. The most member will likely be liable for any capital that member may have in the business.
However, member should also realise that member liability is not always guaranteed, because there are situations, such as if a member signs a personal guarantee in order to get a business loan, that member can then be liable for that business debt.
Sick leave entitlement
Q: What is the provision for sick leave under Qatar’s laws? As per our employer, sick leave is only when one is admitted to a hospital. Otherwise the salary of a worker who remains absent because of illness is deducted. I have a serious health problem and it might need surgery followed by physiotherapy sessions for at least three months. My company will not grant me leave for that long as I have just returned from my vacation two months ago. The management wants my resignation. Do I have the right to claim for another two to three months’ leave for medical treatment? Could my employer terminate me on health grounds?
KG, Doha
A: The total sick leave entitlement in a year is 12 weeks. According to the provisions on sick leave, the worker shall be eligible for full wage for two weeks initially and if the sickness extends thereafter, the worker shall be paid half of his wage for other four weeks.
The extension of the sick leave thereafter shall be without pay until the worker resumes his work or resigns or his service is terminated for health reasons. The service of the worker may be terminated at the end of the 12th week of the sick leave if it has been proved by a report issued by the competent physician that the worker is unfit to resume his work at that time.
Term of lease
Q: In our lease contract, the term of lease is one year from January 15. The deed was executed in 2012 and we are still continuing it. Is our contract legal? What is the definition of term of lease?
GY, Doha
A: The lease is valid. Regarding term of lease, it will remain in force until its expiry and may be renewed upon the mutual consent of both parties. Should a tenant remain in occupation upon expiry of a lease with the knowledge and consent of his landlord, then the lease shall be deemed to have been renewed for a similar term on the same terms and conditions.
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LEGAL SYSTEM IN QATAR
A sub-lessee is answerable directly to the lessor for the amounts that he, the sub-lessee, owes to the original lessee as from the time is served on him by registered mail by the lessor.
A sub-lessee cannot set up against the lessor payments made by him in advance to the principal lessee, unless they were made before the summons, in accordance with a formal agreement showing the date prior to the time of sub-lease.
A lessee ceases to be answerable to the lessor, either as guarantor of the assignee in case of the assignment of the lease agreement or as regards his obligations arising from the principal lease agreement in the case of a sub-lease if the lessor has expressly or implicitly agreed to the assignment of lease or to the sub-lease.
The lessor’s receipt of the rent directly from the assignee or sub-lessee shall be deemed as an implicit acceptance without making any reservations with respect to his rights towards the original lessee.
According to Article 625, a lease ends upon the expiry of the agreed term without it being necessary to give notice of evacuation unless there is agreement to extending the lease for a further fixed or unspecified term in case no notice is given for evacuation on a certain date.
If, after the lease has expired, the lessee continues to enjoy the leased property to the knowledge of and without objection on the part of the lessor, the lease is deemed to be renewed upon the same conditions but for an indefinite duration.
Subject to the rules of registration applicable to real property, the real securities supplied by the lessee in guarantee of the old lease shall be transferred to the new lease.
The securities provided by third parties shall not be transferred to the new lease unless the surety consents thereto.
When notice of evacuation has been given by one party to the other and the lessee, notwithstanding the notice, continues to enjoy the property after the expiry of the lease, the lease will not, subject to proof to the contrary, be deemed to have been renewed.
However, if the lessor gives notice to the lessee by a registered letter without cover of non-renewal of the lease except for a specific rent or under certain other conditions for which the lessee remains silent, his silence shall be deemed as a renewal of the lease at the rent or conditions notified thereto by the lessor.
According to Article 628, if title to the leased property is transferred to a special successor, the rent shall not be effective towards him except with his consent unless he proves that he was aware thereof or has an established date prior to the cause that resulted in transfer of title thereto. The person to whom title has been transferred may invoke the lease agreement as though such agreement is not effective towards him.